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7511a. Arbor day, proclamation.

[Acts 1903, p. 214. In force April 23, 1903.] 7511a. Arbor day-Proclamation.-1. That the governor shall annually, in the spring, designate by official proclamation, a day to be designated as "Arbor Day," to be observed throughout the state as a day for planting trees, shrubs and vines about the homes and along highways, and about public grounds within this state, thus contributing to the wealth, comfort and attractions of our state.


7651. Land records.


7616. Printing, duties concerning.



[Acts 1905, p. 6. In force February 11, 1905.]

7616. Printing, duties concerning.-5. He shall deliver to the state printer, at the earliest day practicable, copies of all acts, joint resolutions and memorials as they are passed by the general assembly, with proper marginal notes or section sub-heads to the general laws; prepare and deliver to said printer a properly digested index of said laws, joint resolutions and memorials; superintend the printing and binding of said laws and resolutions and deliver the proper number to the respective counties, as required by law.

This act amends section 7616, Burns' R. S. 1901.


7651. Land records.

After the transfer of land records from the office of secretary of state to the office of auditor of state, under the act of 1877, all deeds and other instruments required to be recorded in such records must be recorded therein by the auditor of state. Fisher v. Brower, 159 Ind. 139.



7689. Residence, office, deputy. 7693a. Assistants in Washington.


7693b. Limit of employment.
7693c. Compensation.

7689. Residence, office, deputy.

Courts will not take judicial notice of the official character of the deputies and assistants of the attorney-general, and the law does not fix the number of deputies of such officer. Crawford v. State, 155 Ind. 692.

[Acts 1905, p. 128. In force March 3, 1905.]

7693a. Assistants in Washington.-1. That the atorney-general is hereby authorized to employ one or more assistants, residing in the city of Washington, District of Columbia, to assist him in the presentation and prosecution of claims of the state against the United States, pertaining to swamp lands, or swamp land indemnity, as he may think necessary.

7693b. Limit of employment.-2. The attorney-general shall have power to limit the duration of such employment, and, if not otherwise expressed in the contract of employment, the same shall cease with the term of the attorney-general making such employment.

7693c. Compensation.-3. As compensation and for all their costs and expenses such assistant or assistants shall receive a sum equal to not more than twenty-five (25) per cent. of the money recovered and turned over to the state, to be fixed in the contract of employment. The state shall not be liable to such assistant or assistants for any other sum, either for compensation or costs: Provided, That in case money so recovered is paid into the state treasury without such per centum having been first deducted, the auditor of state shall issue his warrant upon a voucher approved by the attorney-general, for a sum equal to not more than twenty-five per cent. of the money so recovered and paid in; and there is hereby appropriated out of the funds of the treasury not otherwise appropriated such sums as may be necessary for such purpose.

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[Acts 1903, p. 152.

In force April 23, 1903.]

7702. State library board.-1. That the management and control of the state library shall be vested in the state board of education, which shall constitute for library purposes the state library board.

This act repeals sections 7702 to 7715, Burns' R. S. 1901.

7703. Librarian, election, term.-2. The state library board shall, before the first day of April, 1905, elect a state librarian, whose term of office shall begin April 1, 1905, and who shall serve until his successor is elected by the said state library board.

7704. Term of librarian, assistants, bond.-3. The term of office of the state librarian shall be two years and he shall appoint his assistants by and with the advice and approval of the state library board, and he shall, before entering upon his duties, give bond and security to the acceptance of the secretary of state, in the penal sum of two thousand dollars, which bond shall be filed with the secretary of state.

7705. Library hours.-4. The library shall be kept open from 8 a. m. until 5 p. m. every day, except Sundays, legal holidays and such other days as the governor shall request all state offices to be closed.

7706. Journals and laws.-5. The librarian shall select from the journals and laws, whenever published, five copies to be kept permanently for the library, and all other journals and reports shall be preserved for exchange purposes for the benefit of the library.

7707. Legislative papers.-6. The librarian shall receive and preserve in the most convenient and permanent order all legislative papers delivered to him at the close of each session by the secretary of the Senate and the clerk of the House.

7708. Exchange or sales, account.-7. The librarian may, with the consent of the state library board, exchange for the benefit of the library any duplicate, or any book not wanted in the library, or he may sell such duplicates or other books and shall turn all money thus received into the state treasury, taking the treasurer's receipt and filing the same in the office of auditor of state, who shall charge the same to the account of the treasurer of state for the use of the library. The librarian shall keep an accurate account of all such transactions, making the same a part of his next succeeding biennial report to the legislature, as hereinafter provided for.

7709. Appropriating books.-8. If the librarian shall appropriate to his own use any book or books belonging to the state library or any proceeds of any exchange or sale of books, or knowingly make false reports thereof, he shall be deemed guilty of a misdemeanor and shall be fined not less than five nor more than one thousand dollars and shall forfeit and be deprived of his office.

7710. Loan of books.-9. Such books belonging to the state library, other than reference books, as could be readily replaced in case of loss. may be loaned to any citizen of the state, who shall place such guarantee with the state librarian, for the safe return of the same, as the state library board may demand, and who shall pay the cost of transportation of the book or books to and from the borrower: Provided, That no book. that could not be readily replaced in case of loss, shall be removed from the state library except by state officials, and by them only in pursuit of their official duty.

7711. Rules and regulations.-10. The library board shall formulate rules and regulations for the care and management of the library: Provided, That no rule or regulation formulated by said board shall in any way conflict with any of the provisions of this act.

7712. Salaries.-11. The salary of the state librarian shall be eighteen hundred dollars per year. He shall appoint a reference librarian, whose salary shall be eleven hundred dollars per year, and a cataloguer, whose salary shall be eleven hundred dollars per year, and an assistant cataloguer and stenographer, whose salary shall be nine hundred dollars per year, and a messenger, whose salary shall be seven hundred and twenty dollars per year.

7713. Reports to legislature.-12. The librarian shall report at each session of the legislature as to the condition and needs of the library and the receipts and expenditures of money for the two fiscal years immediately preceding the date of such report.

7714. Removals by state board.-13. The state library board shall have power to remove for cause at any time the state librarian or any assistant or any employe of the state library.

7715. Penalties.-14. Any person guilty of a violation of any of the provisions of this act shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be fined in the sum of twenty-five dollars.

7716. Laws repealed.-15. All laws or parts of laws now in force. relative to the state library are hereby repealed.

[Acts 1905, p. 173. In force April 15, 1905.]

7716a. Publications delivered to librarian.-1. That the board of commissioners of public printing, binding and stationery shall cause to have delivered to the state librarian two hundred copies of each and every report, document, bulletin or other publication published at the expense of the state, except session acts of the general assembly and supreme and appellate court reports.

This act amends section 7716, Burns' R. S. 1901.



7811. Duty when informed of crimes.

7811. Duty when informed of crimes.

While a prosecuting attorney may not have authority to compel witnesses to attend before a justice of the peace and make affidavits as to the commission of crimes within their knowledge, yet, if they do appear and make affidavits, informations filed thereon in the circuit court are valid. West v. State, 32 App. 161.

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7820. Corporate name, suits.

All actions on behalf of a county must be brought in the name of the board of commissioners of the county, unless otherwise provided by law. Shilling v. State, 158 Ind. 185.

7830. Powers and duties.

Boards of county commissioners have power to employ, at the expense of the county, expert accountants to examine the records in the offices of the county. Garrigus v. Board, 157 Ind. 103.

The allowance by a county board of an illegal claim against the county does not bind the county, and the county may recover the amount paid on such allowance. Sudbury v. Board, 157 Ind. 446.

7833. County buildings.

The legislature can not provide that, on the removal of a county seat, a tax shall be levied alone upon the property in the township where the relocation is made to raise means to erect new county buildings. Board v. State, 155 Ind. 604.

An act which provides for the building of a court house in a designated county is unconstitutional, being in conflict with the constitution as to local and special laws. Board v. State, 161 Ind. 616.

7837. Bonds charged to treasurer.

It is the duty of county treasurers to receive county bonds and deliver them to purchasers, and they are not entitled to any extra compensation therefor in the absence of an emp oyment. Oren v. Board, 157 Ind. 158.

7845. Filing claims.

If a county has a claim against another county on account of expenses in cases on change of venue, such county must file its claim with the board of commissioners of the county from which the change was taken. Board v. Board, 27 App. 378.

7846. Allowance of claims.

If an illegal claim is allowed by a county board, the allowance, and may recover the amount paid on the claim.


county is not bound by the Sudbury v. Board, 157 Ind.

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